Tag Archives: will contest

Defeating a Will Contest

Posted on March 26, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

Without a Will, one’s property passes by the laws of intestacy. “Distributees” (i.e., those who would take under intestacy) have a right to be “cited” by the Surrogate’s Court prior to a Will’s admission to probate. For example, children of a decedent whose Will leaves everything to the wife must be cited, or waive citation, since as distributees they would be entitled to nearly half the estate if the decedent died without a will. Continue reading →

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AVOIDING CHALLENGES TO TESTAMENTARY INSTRUMENTS

Posted on March 25, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

Protracted legal proceedings by disgruntled descendants and relatives asserting lack of testamentary capacity or undue influence deplete the estate and delay distribution. Therefore, steps taken by the testator before death which minimize the possibility of later challenge are essential. Although somewhat surprising, the mere choice of who witnesses the will execution may later determine the success of a will contest. Favorable testimony given by attesting witnesses at an SCPA § 1404 deposition may facilitate the admission of the instrument into probate, or at least force a favorable settlement. Continue reading →

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